r^H 

020 

IIT/IU 

DAIRY  !m  FOOD  LAWS 


si 


fMNCROi"! 
LIB  RAH  Y 

Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

Microsoft  Corporation 


http://www.archive.org/details/dairyfoodlawsofsOOutahrich 


D 


D 
D 


The  DAIRY  & 
FOOD  LAWS 

OF  THE 

STATE  of  UTAH 
1911 


□ 


Willard  Hansen 

State  Dairy  &f  Food 

Commissioner 


D 
□ 


Tm»wms-«iEronTei»  wiKTiHt  c».,  »*lt  iakc 


uJ 


The  Dairy  &  Food 

Laws  of  the  State 

of  Utah. 


SALT  LAKE  CITY,  UTAH. 
1911 


Members  of  State  Dairy 
&  Food  Bureau 

1911-1912 


J.  S.  CARVER,  Ogden,  Utah,  Chairman 

A.  H.  CRABBE,  Salt  Lake  City,  Utah. 

JAMES  CLAWSON,  Spring  City,  Utah. 

HERMAN   HARMS,  State  Chemist, 
Salt  Lake  City,  Utah. 

WILLARD  HANSEN,  Commissioner,  Sec'yandTreas. 
Salt  Lake  City,  Utah. 


Office: 

501  Dooly  Block 
Salt  Lake  City,  Utah. 


THE 

DAIRY  AND  FOOD  LAWS 

of  the  State  of  Utah 


CHAPTER  82. 
LAWS  OF  1909. 


STATE   DAIRY    AND    FOOD    BUREAU. 


An  Act  Creating  a  State  Dairy  and  Food  Bureau, 
Defining  its  Duties  and  Powers,  and  Making  an 
Appropriation  for  the  Purpose  of  Carrying  Out 
the  Provisions  of  This  Act. 


Be  It  Enacted  by  the  Legislature  of  the  State  of  Utah: 

Section  1.  State  Dairy  and  Food  Bureau  Created. 
Membership.  Terms.  Expenses.  Report.  There  is 
hereby  created  a  State  Dairy  and  Food  Bureau  which 
shall  consist  of  five  resident  citizens  of  the  State. 
The  State  Chemist,  and  the  State  Dairy  and  Food  Com- 
missioner shall  be  members  of  the  said  Board;  and  three 
members  shall  be  appointed  by  the  Governor  of  the 
State  on  or  before  the  first  day  of  April,  1909,  as 
follows :  One  member  of  this  Bureau  shall  be  a 
practical  manufacturer  of  dairy  food  products; 
one  member  shall  be  a  merchant  engaged  in  the  sale 
of  food  products,  and  one  member  shall  be  a  non- 
producer  of  food  products.  Members  of  this  Bureau 
shall  hold  office  for  the  period  of  four  years  and  until 
their  successors  are  appointed  and  qualified;  provided, 
that  the  first  members  appointed  under  this  Act  shall 
be  appointed  for  terms,  so  that  their  terms  shall  ex- 
pire in  one,  two  and  three  years  respectively.  Any 
vacancy  shall  be  filled  by  appointment  by  the  Gov- 
ernor for  the  unexpired  term.  The  members  of  said 
Bureau  shall  serve  without  compensation,  but  shall 
receive  their  actual  and  necessary  traveling  expenses, 
and   within    twenty   days   after   their   appointment    shall 


PURE   FOOD   LAWS   OF  UTAH. 


take  the  oath  of  office  as  required  by  the  Constitution ; 
and  they  shall  thereupon  meet  and  organize  by  elect- 
ing a  chairman,  secretary  and  treasurer.  Any  one 
of  them  may  be  removed  by  the  Governor  for  neglect 
or  violation  of  duty.  They  shall  make  report  in  de- 
tail to  the  Legislature  not  later  than  the  first  day  of 
December    next,    preceding    the    meeting   thereof. 

Sec.  2.  Duties  of  Bureau.  It  shall  be  the  duty 
of  the  State  Dairy  and  Food  Bureau  to  formulate  and 
prescribe  such  rules  and  regulations  for  the  operation 
of  creameries,  butter  and  cheese  factories,  dairies, 
slaughter  houses,  confectioneries,  bakeries,  hotels,  fruit 
and  vegetable  canneries,  flour  mills,  farm  dairies,  or 
any  other  factory,  establishment,  store  or  house  where 
dairy  or  food  products  of  whatsoever  nature  are  bought, 
sold,  manufactured,  or  prepared,  or  stored  or  exposed 
for  sale  for  public  use,  as  shall  be  deemed  necessary 
by  such  Bureau  to  fully  carry  out  the  provisions  of 
the  Act,  and  all  laws  now  in  force  or  that  may  be 
enacted  relative  to  dairy  and  food  products,  and  for 
the  promotion  and  maintenance  of  the  public  health 
and  safety  and  for  prevention  of  false  grades, 
weights  and  measures  and  also  for  advancing  the 
value  of  Utah  food  and  dairy  products.  Such  rules 
and  regulations  shall  conform  as  near  as  may  be  to 
the  rules  and  regulations  that  have  been  or  shall  be 
promulgated  by  the  Agricultural  Department  of  the 
United  States  under  and  by  the  authority  of  a  law  known 
as  the  Pure  Food  and  Drug  Act  of  June  30,  1906,  as 
well  as  an  act  of  Congress  approved  June  30,  1906, 
governing  meat  inspection.  The  Dairy  and  Food  Com- 
missioner shall  execute  the  rules  and  regulations  of 
the  Bureau,  and  the  Bureau  shall  provide  him  with 
deputies,  agents,  and  such  assistants  as  may  be  deemed 
necessary  from  time  to  time.  It  being  the  object  of 
this  law  to  protect  the  consumer  of  food  products 
against  fraudulent,  unwholesome  and  adulterated  food; 
and  for  the  promotion  and  maintenance  of  the  public 
health  and  safety,  and  it  shall  be  the  duty  of  this 
Bureau  to  promote  improvements  in  dairy  and  food 
products,  and  educate  the  producer  in  the  care  of  all 
dairy  and  food  products  and  their  economical  produc- 
tion. 

Sec.  3.  Penalty.  Any  person  violating  any  pro- 
visions  of   this   Act   or   any   rule   or   regulation   of   the 


PURE   FOOD  LAWS   OF  UTAH. 


Dairy   and    Food    Bureau    shall   be   guilty   of   a   misde- 
meanor,   and    upon    conviction    thereof,    shall    be    fined 
in  any  sum,  not  less  than  $25.00  nor  more  than  $200.00. 
Approved  March  22,   1909. 


TITLE   18. 
COMPILED  LAWS,  1907. 


DAIRY   AND   FOOD   PRODUCTS. 


CHAPTER  1. 
DAIRY  AND  FOOD  COMMISSIONER. 

729.  Office  Created.  Term  of  Commissioner. 
Vacancy.  Salary.  The  office  of  Dairy  and  Food  Com- 
missioner for  the  State  of  Utah  is  hereby  created. 
Such  Commissioner  shall  be  appointed  by  the  Gov- 
ernor, by  and  with  the  consent  of  the  Senate,  and  his 
term  of  office  shall  be  for  two  years  from  the  date 
of  his  appointment,  and  vacancies  occurring  in  the 
office  for  any  cause  shall  be  filled  by  appointment 
for  the  balance  of  the  unexpired  term.  The  salary 
of  the  Commissioner  shall  be  $1,500  per  annum,  to- 
gether with  his  necessary  and  actual  expenses  incurred 
in  the  discharge  of  his  official  duty,  which  shall  be 
paid  in  the  same  manner  as  the  salaries  of  other  State 
officers. 

730.  Duty  of  Commissioner.  It  shall  be  the  duty 
of  the  Commissioner,  and  he  is  hereby  invested  with 
the  powers,  to  enforce  all  laws  that  now  exist  or  that 
may  hereafter  be  enacted  in  this  State,  regarding  the 
production,  manufacture  or  sale  of  dairy  and  creamery 
products  or  the  adulteration  of  any  article  of  food,  and 
regarding  the  use  of  skimmed  or  adulterated  milk,  and 
the  feeding  of  unwholesome  food  to  cattle  and  the  keep- 
ing of  cattle  having  infectious  or  contagious  diseases ; 
and  said  Commissioner  shall  personally,  or  by  his 
deputy,  inspect  any  article  of  food  made  or  offered  for 
sale  within  this  State,  which  he  may  suspect  or  have 
reason  to  believe  is  impure,  unhealthy,  adulterated  or 
counterfeit.  He  shall  also  visit  and  inspect  the  various 
dairies,  cheese  and  butter  factories  of  the  State,  and 
shall  have  power  to  enforce  proper  sanitary  regulations 
in    their    management    and    surroundings.      Said    Com- 


6  PURE   FOOD  LAWS   OF  UTAH. 

missioner  shall  personally,  or  by  his  deputy,  when 
complaint  is  made  of  the  violation  of  any  law  relating 
to  the  feeding  of  any  unwholesome  food  for  cattle  or 
keeping  upon  the  premises  any  cattle  afflicted  with 
any  contagious  or  infectious  diseases,  immediately  in- 
vestigate said  charge,  and  may  prosecute  any  person, 
firm  or  corporation  violating  any  of  the  laws  of  this 
State,  which  it  is  the  duty  of  said  Commissioner  to 
enforce. 

731.  Powers  of  Commissioner.  Deputy.  In- 
spector, Etc.  The  said  Commissioner,  Deputy  Com- 
missioner and  such  inspectors,  agents,  chemists  and 
counsel  as  shall  be  duly  authorized  for  the  purpose 
shall  have  access,  ingress  and  egress  to  and  from  all 
places  of  business,  factories,  farms,  buildings,  carriages 
and  cars  used  in  the  manufacture,  transportation  or 
sale  of  any  article  of  food  as  defined  in  this  chapter, 
and  also  into  restaurants,  dining  halls,  cafes,  hotels, 
and  all  rooms  thereof,  and  all  other  places  where  food 
is  prepared,  stored  or  served  to  patrons.  They  shall 
also  have  power  and  authority  to  open  any  package, 
can  or  vessel  containing  or  supposed  to  contain  any 
article  manufactured,  sold  or  exposed  for  sale,  or  held 
in  possession  with  intent  to  sell,  in  violation  of  the 
provisions  of  this  chapter  or  other  laws  of  this  State, 
and  may  inspect  the  contents  thereof,  and  may  take 
samples  therefrom  for  analysis.  All  dealers,  clerks, 
bookkeepers,  express  agents,  railroad  officials,  employes 
or  common  carriers  shall  render  to  them  all  the  assist- 
ance in  their  power,  when  so  requested,  in  tracing, 
finding  or  discovering  the  presence  of  any  article  pro- 
hibited by  law,  and  in  securing  samples  thereof  as 
herein  provided  for.  Any  refusal  or  neglect  on  the 
part  of  such  dealers,  clerks,  bookkeepers,  express 
agents,  railroad  officials,  employes  or  common  carriers 
to  render  such  friendly  aid,  or  to  furnish  such  sample 
for  analysis,  as  provided  for  in  this  section,  shall  be 
deemed  a  misdemeanor  and  shall  be  punished  as  here- 
inafter provided. 

732.  Sample  to  be  Marked  or  Sealed.  The  person 
taking  such  sample  as  provided  for  in  this  chapter, 
shall  mark  or  seal  such  sample  with  a  paper  seal  or 
otherwise,  and  shall  write  his  name  thereon  and  number 
said   sample   so   as   to  properly  identify   the   same,   and 


PURE    FOOD   LAWS   OF   UTAH.  7 

shall  tender  to  the  manufacturer  or  vendor  of  such 
article  or  product,  or  the  person  in  whose  control  or 
possession  such  article  or  product  may  "be  at  the  time 
the  same  is  taken,  the  value  thereof;  but  if  the  person 
from  whom  such  sample  is  taken  shall  request  him  to 
do  so,  he  shall  at  the  same  time  and  in  the  presence 
of  the  person  from  whom  the  same  is  taken,  seal  with 
proper  seals  or  otherwise  two  samples  of  the  articles 
taken  on  each  of  which  said  samples,  or  on  the  seals 
placed  thereon,  shall  be  placed  the  name  of  the  per- 
son taking  said  sample  and  also  the  number  above 
provided  for,  the  one  of  which  sample  shall  be  de- 
livered to  the  person  from  whom  the  same  is  taken 
and  the  other  shall  be  taken  by  the  person  so  pro- 
curing the  same  to  the  State  Chemist  or  other  compe- 
tent person  appointed  for  the  purpose  of  making  ex- 
aminations or  analysis  of  samples  so  taken ;  Provided, 
that  the  person  procuring  said  sample  may  securely 
pack  and  box  said  sample  and  send  the  same  to  the 
State  Chemist  or  other  competent  person  appointed 
hereunder  for  the  purpose  of  making  examinations  or 
analyses  of  samples,  and  his  testimony  that  he  did 
procure  the  samples  and  that  he  sealed  and  numbered 
the  same  as  herein  provided,  and  that  he  wrote  his 
name  thereon  and  that  he  packed  and  boxed  said 
sample  and  sent  the  same  to  the  State  Chemist  or 
other  competent  person  appointed  hereunder  to  analyze 
such  sample  and  the  testimony  of  the  person  to  whom 
said  sample  is  addressed  that  he  received  said  box 
or  package  in  apparent  good  order;  that  said  sample 
was  sealed  and  that  the  number  and  name  of  the 
sender,  as  herein  provided  for,  was  on  said  sample, 
and  that  the  seal  at  the  time  the  same  was  received 
was  unbroken,  shall -be  prima  facie  evidence  that  the 
sample  so  received  is  the  sample  that  was  sent,  and 
that  the  contents  thereof  are  the  same  and  in  the  same 
condition  as  at  the  time  the  person  so  procuring  said 
sample  parted  with  the  possession  thereof,  and  the 
testimony  of  said  two  witnesses  as  above  shall  be 
sufficient   to   make   such   prima   facie   proof. 

733.  Standard  of  Purity.  The  standard  of  quality, 
purity  and  strength  for  foods,  liquors  and  drinks  that 
have  been  or  shall  be  adopted  by  the  United  States 
Department  of  Agriculture,  are  hereby  declared  to  be 
the  standards  of  purity,  quality  and   strength  of  foods, 


8  PURE   FOOD   LAWS  OF  UTAH. 

liquors,  and  drinks  in  the  State  of  Utah,  except  where 
otherwise   specified. 

734.  Adulterated  or  Misbranded  Articles  of  Food. 
No  person,  firm,  or  corporate  body  shall  within  the 
State,  manufacture  for  sale,  offer  for  sale,  have  in  pos- 
session with  intent  to  sell,  or  sell  any  adulterated  or 
misbranded  article  of  food  or  substance  to  be  used  in 
the  manner  of  food  or  drink. 

735.  "Food"  Defined.  The  term  "food,"  as  used 
in  this  chapter,  shall  include  all  articles  used  for  food, 
drink,  confectionery  or  condiment,  by  man  or  other 
animals,   whether   simple,   mixed   or   compound. 

736.  When  Deemed  Adulterated.  For  the  purpose 
of  this  chapter  an  article  shall  be  deemed  to  be  adulter- 
ated:   In  the  case  of  foods — 

First — If  any  substance  has  been  mixed  or  packed 
with  it  so  as  to  reduce  or  lower  or  injuriously  affect 
its  quality  or  strength. 

Second — If  any  substance  has  been  substituted, 
wholly  or  in  part,  for  the  article. 

Third — If  any  valuable  constituent  of  the  article 
has  been  wholly  or  in  part  abstracted. 

Fourth — If  it  be  mixed,  colored,  powdered,  coated 
or  stained  in  a  manner  whereby  damage  or  inferiority 
is  concealed. 

Fifth — If  it  contain  any  added  substance  or  in- 
gredient that  is  poisonous  or  injurious  to  health. 

Sixth — If  it  contain  any  added  antiseptic  or  preser- 
vative substance  except  common  table  salt,  saltpeter, 
cane  or  beet  sugar,  vinegar,  spices  or  wood  smoke ; 
Provided,  that  when  in  the  preparation  of  food  products 
for  shipment  they  are  preserved  by  any  external  appli- 
cation applied  in  such  a  manner  that  the  preservative 
is  necessarily  removed  mechanically  or  by  maceration 
in  water  or  otherwise  and  directions  for  the  removal 
of  said  preservative  shall  be  printed  on  the  covering 
of  the  package,  the  provisions  of  this  chapter  shall  be 
construed  as  applying  only  when  the  said  products 
are  ready  for  consumption.  And  furthermore,  the  pro- 
visions of  this  chapter  shall  not  apply  to  the  addition 
of  not  more  than  one-tenth  of  one  per  cent  of  benzoate 
of  soda  in  the  case  of  cider,  tomato  catsup,  fruit  jams, 
jellies  or  preserves,  or  such  other  perishable  articles  of 
food  or  drink  as  the  State  Food  Inspector    may   from  time 


PURE   FOOD   LAWS   OP  UTAH.  9 

to  time  determine  cannot  be  successfully  marketed  with- 
out such  addition,  the  presence  and  percentage  of  which 
said  benzoate  of  soda  shall  in  every  case  be  stated  upon 
the  label  of  the  said  cider,  tomato  catsup,  fruit  jams, 
jellies  or  preserves,  or  other  article  hereafter  de- 
termined, in  type  as  large  or  larger  than  eight  point 
caps;  Provided,  that  in  case  the  size  of  the  package 
will  not  admit  of  the  use  of  eight  point  cap  type,  the 
size  of  the  type  may  be  reduced  proportionately. 

Seventh — If  it  consists  in  whole  or  in  part  of  a 
filthy,  decomposed  or  putrid  animal  or  vegetable  sub- 
stance, or  any  portion  of  any  animal  unfit  for  food, 
whether  manufactured  or  not,  or  if  it  is  a  product  of 
a  diseased  animal,  or  one  that  has  died  otherwise  than 
by  slaughter. 

Eighth — If  it  be  sweetened  by  saccharine  or  other 
artificial    sweetening. 

In  the  case  of  Confectionery — 

If  it  contain  terra  alba,  barytes,  talc,  chrome  yel- 
low, paraffine,  or  other  mineral  substance  or  poisonous 
flavor,  or  color,  or  other  ingredient  deleterious  or  detri- 
mental to  health,  or  any  vinous,  malt  or  spirituous 
liquor,  or  compound  or  narcotic   drug. 

In   the   case   of   Drugs — 

If  its  strength  or  purity  fall  below  the  pro- 
fessed standard  or  quality  under  which  it  is  sold. 

737.  The  Term  "Misbranded."  How  Applied.  The 
term  "Misbranded,"  as  used  herein,  shall  apply  to  all 
articles  of  food  or  articles  which  enter  into  the  composi- 
tion of  foods,  the  package  or  label  of  which  shall  bear 
any  statement,  design,  or  device  regarding  such  article, 
or  the  ingredients  or  substances  contained  therein, 
which  shall  be  false  or  misleading  in  any  particular, 
and  to  any  food  product  which  is  falsely  branded  as 
to  the  state,  territory  or  country  in  which  it  is  manu- 
factured or  produced. 

For  the  purpose  of  this  chapter  an  article  shall  be 
deemed  to  be   misbranded: 

In  the  case  of  Foods — 

First — If  it  be  an  imitation  of  or  offered  for  sale 
under  the  distinctive  name  of  another  article. 

Second — If  it  be  labeled  or  branded  so  as  to  de- 
ceive or  mislead  the  purchaser,  or  purport  to  be  a 
foreign  product  when  not  so,  or  if  the  contents  of  the 
package  as  originally  put  up  shall  have  been  removed 


10  PURE   FOOD   LAWS   OF  UTAH. 

in  whole  or  in  part  and  other  contents  shall  have  been 
placed  in  such  package. 

Third — If  in  package  form,  and  the  contents  are 
stated  in  terms  of  weight  or  measure,  they  are  not 
correctly  stated  on  the  outside  of  the  package. 

Fourth — If  the  package  containing  it,  or  its  label, 
shall  bear  any  statement,  design  or  device  regarding 
the  ingredients,  or  the  substances  contained  therein, 
which  statement,  design  or  device  shall  be  false  or 
misleading  in  any  particular;  Provided,  that  an  article 
of  food  that  does  not  contain  any  added  poisonous 
or  deleterious  ingredients  shall  not  be  deemed  to  be 
misbranded  or  adulterated  in  the  following  cases: 

First — In  the  case  of  mixtures  or  compounds  which 
may  be  now  or  from  time  to  time  hereafter  known  as 
articles  of  food  under  their  own  distinctive  names,  and 
not  an  imitation  of,  or  offered  for  sale  under  the  dis- 
tinctive name  of  another  article,  if  the  name  be  ac- 
companied on  the  same  label  or  brand  with  a  state- 
ment of  the  place  where  said  article  has  been  manu- 
factured or  produced. 

Second — In  the  case  of  articles  labeled,  branded 
or  tagged  so  as  to  plainly  indicate  that  they  are  com- 
pounds, imitations  or  blends,  and  the  word  "com- 
pound," "imitation''  or  "blend,"  as  the  case  may  be, 
is  plainly  stated  on  the  package  in  which  it  is  offered 
for  sale;  Provided,  that  the  term  "blend,"  as  used 
herein,  shall  be  construed  to  mean  a  mixture  of  like 
substances,  not  excluding  harmless  coloring  or  flavor- 
ing ingredients  used  for  the  purpose  of  coloring  or 
flavoring  only.  And,  provided  further,  that  nothing  in 
this  chapter  shall  be  construed  as  requiring  manu- 
facturers or  proprietors  of  proprietary  foods  which  shall 
contain  no  unwholesome  added  ingredient,  to  disclose 
trade  formulas  except  in  so  far  as  the  provisions  of 
this  chapter  may  require  to  secure  freedom  from  adul- 
teration or  misbranding. 

738.  Articles  to  be  Labeled  "Imitation."  No  per- 
son shall,  by  himself  or  another,  either  as  principal, 
clerk  or  servant,  directly  or  indirectly,  manufacture  for 
sale,  have  in  his  possession  with  intent  to  sell,  offer 
or  expose  for  sale,  or  sell  as  fruit  jelly,  jam,  or  fruit 
butter,  any  imitation  fruit  jelly,  jam,  or  fruit 
butter,  or  other  similar  compound,  made  or  composed 
in  whole  or  in  part  of  glucose,  dextrine,  starch  or  other 


PURE   FOOD   LAWS   OF  UTAH.  il 

substances  under  any  name  or  designation  whatever, 
unless  the  same  shall  be  composed  entirely  of  ingredi- 
ents not  injurious  to  health,  and  every  can,  pail  or  pack- 
age of  such  jelly,  fruit  jam  or  fruit  butter  sold,  offered 
for  sale,  or  kept  for  sale  in  this  State,  shall  be  distinctly 
and  durably  labeled  in  a  conspicuous  place  immediately 
preceding  the  name  of  the  article  sold,  with  the  word 
"imitation"  preceding  the  name  of  the  fruit  jelly, 
jam  or  fruit  butter  the  article  is  intended  to  imitate; 
Provided,  any  fruit  jelly,  jam  or  fruit  butter  containing 
no  foreign  ingredient  other  than  glucose  may  be  labeled 
and  sold  as  "glucose  (or  corn  syrup)  jelly,"  "fruit  jam 
or  fruit  butter,"  as  the  case  may  be,  to  conform  in 
name  to  the  fruit  or  fruits  used  in  its  preparation. 

739.  Extracts  Made  of  More  Than  One  Principal 
Must    Be    Labeled    With    Name    of    Each    Principal. 

Extracts  made  of  more  than  one  principal  must  be 
labeled  in  a  conspicuous  manner  with  the  name  of 
each  principal,  or  else  with  the  name  of  the 
inferior  or  adulterant,  and  in  all  cases  when  an  extract 
is  labeled  with  two  or  more  names,  such  names  must 
be  in  a  conspicuous  place  on  said  label  and  in  no  in- 
stance shall  such  mixture  be  called  imitation,  arti- 
ficial or  compound,  and  the  name  of  one  of  the  articles 
used  shall  not  be  given  greater  prominence  than 
another;  Provided,  that  all  extracts  which  cannot  be 
made  from  the  fruit,  berry,  bean  or  other  part  of  the 
plant,  and  must  necessarily  be  made  artificially,  as 
raspberry,  strawberry,  etc.,  shall  be  labeled  "imitation" 
in  letters  similar  in  size  and  immediately  preceding 
the  name  of  article;  Provided  further,  that  prepared 
cocoanut.  containing  nothing  other  than  cocoanut,  sugar 
and  glycerine,  shall  be  labeled  as  prepared  cocoanut, 
and  when  so  made  need  not  be  labeled  "compound" 
or  mixture. 

740.  Spirituous,  Fermented  or  Malt  Liquors.  No 
person  shall,  within  this  State,  by  himself,  his  servant 
or  agent,  or  as  a  servant  or  agent  of  any  other  person 
or  corporation,  manufacture,  brew,  distill,  have  or  offer 
for  sale,  or  sell  any  spirituous  or  fermented  or  malt 
liquor,  containing  any  drug,  substance  or  ingredient 
not  healthful  or  not  normally  existing  in  said  spirituous, 
fermented  or  malt  liquor,  or  which  may  be  deleterious 
or   detrimental    to    health    when    such    liquors    are    used 


12  PURE   FOOD  LAWS  OF  UTAH. 

as  a  beverage,  and  the  following  drugs,  substances  or 
ingredients  shall  be  deemed  to  be  not  healthful  or  not 
normally  existing  in  spirituous,  fermented  or  malt 
liquor,  and  shall  be  deemed  to  be  deleterious  or  detri- 
mental to  health,  when  contained  in  such  liquors, 
to  wit: 

Cocculus  idicus,  chloride  of  sodium,  copperas, 
opium,  cayenne  pepper,  picric  acid,  Indian  hemp,  strych- 
nine, arsenic,  tobacco,  darnel  seed,  extract  of  logwood, 
salts  of  zinc,  copper  or  lead ;  alum,  methyl  alcohol  and 
its  derivatives,  and  any  extract  or  compound  of  any 
of  the  above  drugs,  substances  or  ingredients,  and  any 
person  violating  any  of  the  provisions  of  this  chapter 
shall  be  deemed  guilty  of  a  misdemeanor. 

741.  Baking  Powder.  No  person  by  himself,  his 
servant,  or  his  agent,  or  as  the  servant  of  any  other 
person,  shall :  First,  make  or  manufacture  baking 
powder  or  any  other  mixture  or  compound  intended 
for  use  as  baking  powder;  Second,  or  sell,  exchange, 
deliver,  or  offer  for  sale  or  exchange,  such  baking 
powder  or  any  mixture  or  compound  intended  for  use 
as  baking  powder,  unless  the  same  shall  contain  not 
less"  than  ten  (10)  per  cent  available  carbon  dioxide, 
and  unless  the  common  commercial  names  of  all  the 
ingredients  be  printed  on  the  label. 

742.  Milk.  Milk  must  be  whole  milk  and  must 
contain  not  less  than  three  and  two-tenths  per  cent  of 
fat  and  twelve  per  cent  solids.  Milk  from  which 
cream  has  been  removed  must  be  labeled  and  sold  as 
"Skimmed."  The  sale  of  milk  which  is  impure,  un- 
wholesome or  adulterated,  or  from  cows  which  are 
diseased,  or  fed  upon  the  refuse  of  a  distillery  or  brew- 
ery, or  upon  any  substance  deleterious  to  the  quality 
of  the  milk,  such  as  garbage,  swill  or  any  substance 
in  a  state  of  putrefaction,  is  prohibited.  The  addition 
of  coloring  matter  or  preservatives  to  milk  is  pro- 
hibited. 

743.  Id.  Skimmed  Milk,  Diluted,  Evaporated  Milk. 

No  person  shall  sell,  exchange,  deliver  or  have  in  his 
custody  or  possession  with  intent  to  sell,  exchange 
or  deliver,  milk  from  which  the  cream  or  any  part 
thereof  has  been  removed,  unless  in  a  conspicuous 
place,  above  the  center,  upon  the  outside  of  every  ves- 
sel, can  or  package  from  or  in  which  milk  is  sold,  the 


PURE  FOOD  LAWS   OF  UTAH.  13 

words  "Skimmed  Milk"  are  distinctly  marked  in  un- 
condensed  Gothic  letters,  each  not  less  than  one  inch 
in  height. 

Such  skimmed  milk  shall  contain  not  less  than 
nine  per  cent  of  milk  solids,  exclusive  of  fats.  No  per- 
son shall  sell,  exchange  or  deliver  or  have  in  his 
custody  or  possession  with  intent  to  sell,  exchange 
or  deliver,  any  evaporated  milk  which  has  been  diluted 
to  represent  the  proportions  of  natural  milk,  unless  in 
a  conspicuous  place  above  the  center,  upon  the  outside 
of  every  vessel,  can  or  package  from,  or  in  which  such 
milk  is  sold,  the  words  "Diluted  Evaporated  Milk" 
are  distinctly  marked  in  extended  Gothic  letters,  each 
not  less  than  one  inch  in  height. 

744.  Tests  to  Determine  Quality  of  Milk.  Proofs 
of  adulterations  and  skimming  may  be  made  with  such 
standard  tests  and  lactometers  as  are  used  to  determine 
the  quality  of  milk,  or  by  chemical  analysis.  Cream 
of  standard  purity  shall  be  cream  produced  from  normal 
milk,  free  from  all  kinds  of  additions.  There  shall 
be  recognized  three  standards  of  percentage  of  cream, 
known  as  first,  second  and  third  grades.  The  minimum 
percentage  of  the  first  grade  shall  be  not  less  than 
thirty  (30)  per  cent.  The  minimum  percentage  of  the 
second  grade  shall  be  not  less  than  twenty-four  (24) 
per  cent.  The  minimum  percentage  of  the  third  grade 
shall  be  not  less  than  eighteen  (18)  per  cent."  Pro- 
vided, that  no  person  shall  sell  cream  containing  a  less 
percentage  of  butter  than  is  represented.  The  sale  of 
cream  other  than  in  conformity  with  the  foregoing 
standard  is  prohibited. 

745.  Adulterated  Dairy  Products.  No  person  shall 
sell  or  offer  for  sale,  consign  or  have  in  his  possession 
with  intent  to  sell  or  otherwise  dispose  of  to  any 
person,  any  milk,  cream,  butter,  cheese,  or  other  dairy 
products,  or  shall  deliver  to  any  creamery  or  cheese 
factory  milk  or  cream  to  be  manufactured  into  butter 
or  cheese  to  which  boracic  acid,  formaldehyde,  salicylic 
acid,  viscogen,  or  compounds  containing  them,  or  any 
antiseptics,  have  been  added.  Provided,  that  the  selling 
of  cream  containing  viscogen  shall  not  be  prohibited 
if  labeled  "Visco  Cream." 

Butter  of  standard  purity  shall  be  butter  made 
from  normal  milk  or  cream,  free  from  all  kinds  of  ad- 


14  PURE   FOOD  LAWS  OF  UTAH. 

dition,  except  salt  and  harmless  coloring  matter,  and 
shall  contain  not  less  than  eighty  per  cent  of  butter 
fat. 

746.  Cattle  Having  Tuberculosis  or  Other  In- 
fectious or  Contagious  Diseases.  No  person  selling,  or 
exchanging,  furnishing  or  delivering  milk  or  dairy 
products,  shall  have  in  his  possession,  at  any  place 
where  milch  cows  are  kept,  any  cattle  having  tubercu- 
losis or  other  infectious  or  contagious  disease.  It  shall 
be  the  duty  of  the  Dairy  and  Food  Commissioner  of 
this  State,  in  case  he  shall  find  that  cattle  are  kept 
in  violation  of  the  provisions  of  this  chapter,  to  cause 
all  such  cattle  having  any  contagious  or  infectious 
disease   to   be   killed. 

746x.  Cheese.  No  person  shall  manufacture,  or 
shall  buy,  sell,  offer,  ship,  consign,  expose,  or  have  in 
his  possession  for  sale,  any  cheese  manufactured  from 
or  by  the  use  of  skimmed  milk  to  which  there  has  been 
added  any  fat  which  is  foreign  to  such  milk. 

746x1.  Id.  No  person  shall  manufacture,  or  shall 
buy,  offer,  sell,  ship,  consign,  expose  or  have  in  his 
possession  for  sale,  within  this  State,  any  skimmed 
milk  cheese  or  cheese  manufactured  from  milk  from 
which  any  of  the  fats  originally  contained  therein  have 
been  removed,  except  such  cheese  be  not  less  than  nine 
or  more  than  eleven  inches  in  diameter,  and  not  less 
than  nine  inches  in  height. 

746x2.  Premises,  Etc.,  Shall  Be  Kept  In  a  Clean 
and  Sanitary  Condition.  All  premises,  cans,  bottles 
and  utensils  employed  or  used  in  the  production,  trans- 
portation, sale  or  delivery  of  milk  or  cream  for  con- 
sumption, or  employed  or  used  in  the  manufacture  or 
sale  of  any  food  products,  shall  be  kept  in  a  clean 
and  sanitary  condition,  and  no  person  shall  sell,  offer 
for  sale,  or  have  in  his  possession  with  intent  to  sell, 
any  milk,  cream  or  other  food  product,  not  manu- 
factured, transported  and  offered  for  sale  under  such 
clean  and  sanitary  conditions.  The  commissioner,  or 
other  person  duly  appointed  by  him,  shall  have  power, 
when  inspecting  such  cans,  bottles  and  utensils  used 
in  the  production,  transportation,  manufacture  or  sale 
of  milk,  cream  or  other  food  products,  to  order  the  use 
of  any  such  can,  bottle,  or  other  utensil,  which  is  in 
an   unclean  or  unsanitary  condition,   discontinued   until 


PURE   FOOD   LAWS   OF  UTAH.  15 

such  can,  bottle  or  other  utensil  be  thoroughly  cleaned 
and  put  in  sanitary  condition ;  and  such  person  so  in- 
specting such  cans,  bottles  and  other  utensils,  shall 
have  power  to  brand,  mark  or  tag  such  can,  bottle 
or  other  utensil  with  the  words,  "This  (can,  bottle 
or  utensil)  is  unfit  to  contain  (human  food,  milk  or 
cream),"  as  the  case  may  be;  and  any  person  who  shall 
erase,  change,  remove,  conceal  or  obliterate  any  such 
brand,  mark  or  tag,  except  for  the  purpose  of  properly 
cleaning  and  putting  such  can,  vessel  or  utensil  in  a 
sanitary  condition,  shall  be  guilty  of  a  misdemeanor, 
and  be  subject  to  the  penalties  hereinafter  provided. 

746x3.  Bottles  and  Vessels  to  be  Cleansed.  Any 
person,  firm  or  corporation  who  receives  any  milk 
or  cream  in  cans,  bottles,  or  vessels  which  have  been 
transported  over  any  railroad  where  such  cans,  bottles 
or  vessels  are  to  be  returned,  shall  cause  the  said  bot- 
tles or  vessels  to  be  immediately  washed  and  thor- 
oughly cleansed   and   aired. 

746x4.  Care  of  Cows;  Milk  From  Unclean  or 
Diseased  Cows.  No  person,  firm  or  corporation  shall 
keep  cows  for  the  production  of  milk  in  a  crowded 
condition,  or  in  stables  which  are  not  properly  venti- 
lated, or  which  are  filthy  from  an  accumulation  of  animal' 
refuse  or  from  any  other  cause.  Nor  shall  milk  for 
food  purposes  be  drawn  from  cows  which  are  them- 
selves in  a  condition  of  filth  or  uncleanliness,  or  from 
cows  which  are  affected  with  tuberculosis,  running 
sores,  or  any  other  form  of  disease,  or  from  cows  which 
are  fed  either  wholly  or  in  part  upon  distillery  waste, 
or  brewery  grains,  or  the  waste  of  vinegar,  or  that  of 
sugar  factories,  not  properly  dried,  or  upon  any  other 
form  of  food  which  will  produce  milk  which  is  un- 
healthful  or  unwholesome,  or  from  cows  within  fifteen 
days  before  and  five  days  after  parturition ;  and  all 
milk  thus  produced  is  hereby  declared  to  be  unclean, 
impure,  unhealthful  and  unwholesome  milk,  and  any 
milk  to  which  water  or  any  other  foreign  substance 
has  been  added,  or  from  which  any  part  of  the  milk 
commonly  known  as  "strippings"  has  been  withheld, 
or  which  has  been  deprived,  either  wholly  or  in  part, 
of  any  constituent  naturally  or  normally  contained  in 
milk,  is  hereby  declared  to  be  adulterated  milk. 
This     section     shall      not     be     construed     to     prevent 


16  PURE   FOOD  LAWS  OF  UTAH. 

the  feeding  of  ensilage  from  silos.  The  having  in  pos- 
session by  any  person,  firm  or  corporation  producing 
milk  for  market,  or  for  sale  or  exchange,  or  for  manu- 
facturing the  same  into  articles  of  food  of  distillery 
waste  or  brewery  grains,  or  the  waste  of  vinegar,  or 
that  of  sugar  factories,  not  dried  as  aforesaid,  or  any 
other  form  of  food  which  will  produce  milk  which  is 
unhealthful  or  unwholesome,  shall  be  considered  for 
the  purpose  of  this  chapter  as  prima  facie  evidence  of 
an  intent  to  use  the  same  contrary  to  the  provisions 
of  this  chapter. 

746x5.  Cows  Kept  On  Premises  Where  Contagi- 
ous disease  Exists  Prohibited.  The  sale  of  milk  from 
cows  kept  upon  the  premises  occupied  by  a  family  in 
which  there  is  a  contagious  disease  is  prohibited,  and 
no  milk  from  such  cows  shall  be  sold  or  otherwise 
disposed  of  to  any  person  until  a  permit  shall  be 
granted  by  the  Dairy  and  Food  Commissioner  or  his 
deputy,  which  permit  shall  be  issued  only  after  the 
said  Dairy  and  Food  Commissioner  or  his  deputy 
shall  receive  a  certificate  from  the  Board  of  Health 
or  health  officer,  stating  that  the  premises  have  been 
disinfected,  and  in  case  of  typhoid  fever,  that  the  privy 
or  cesspool   has   also  been   disinfected. 

746x6.  Articles  of  Food  Manufactured  From  Un- 
wholesome Milk  Prohibited.  No  person,  firm  or  cor- 
poration shall  manufacture  from  unclean,  impure,  un- 
healthful or  unwholesome  milk,  or  from  cream  from 
the  same,  any  article  of  food. 

746x7.  Imitation  Butter;  Oleomargarine.  No  per- 
son shall  render  or  manufacture,  sell,  ship,  consign, 
offer  for  sale,  expose  for  sale,  take  orders  for  the 
future  delivery  of,  or  have  in  his  possession  with  in- 
tent to  sell,  any  article,  product  or  compound  made 
wholly  or  partly  out  of  any  fat,  oil  or  oleaginous  sub- 
stance or  compound  thereof,  not  produced  from  un- 
adulterated milk  or  cream  from  the  same,  and  with- 
out the  admixture  or  addition  of  any  fat  foreign  to 
said  milk  or  cream,  which  shall  be  an  imitation  of 
yellow  butter,  produced  from  pure,  unadulterated  milk 
or  cream  of  the  same  with  or  without  coloring  matter; 
Provided,  that  nothing  in  this  title  shall  be  construed 
to  prohibit  the  manufacture  or  sale  of  oleomargarine 
in  a  separate  and  distinct  form  and  in  such  a  manner 


PURE   FOOD   LAWS   OF  UTAH.  17 

as  will  advise  the  consumer  of  its  real  character,  but 
it  must  be  free  from  coloration  or  ingredients  that 
cause  it  to  look  like  butter,  and  free  from  any  word, 
brand  or  marking,  either  upon  the  package  or  upon 
any  wrapper  or  upon  the  contents  of  the  same,  which 
would  in  any  wise  tend  to  deceive  the  purchaser  or 
consumer. 

746x8.  Sale  of  Butter.  It  shall  be  unlawful  for 
any  person  to  sell,  or  offer  for  sale,  to  any  person 
who  asks,  sends,  or  inquires  for  butter,  any  oleomargar- 
ine, butterine,  or  any  substance,  made  in  imitation  or 
semblance  of  pure  butter,  and  not  made  entirely  from 
the  milk  of  cows,  with  or  without  coloring  matter. 

746x9.  Oleomargarine,  Butterine.  It  shall  be  un- 
lawful for  any  person  to  expose  for  sale  oleomargarine, 
butterine,  or  any  similar  substance,  not  marked  and 
distinguished  on  the  outside  of  each  tub,  package  or 
parcel  thereof  by  placard  with  the  word  "Oleomargar- 
ine" or  "Butterine,"  and  not  having  also  upon  the 
exposed  contents  of  every  open  tub,  package  or  parcel 
thereof  a  conspicuous  placard  with  the  word  "Oleo- 
margarine" or  "Butterine."  Such  placard  in  each  case 
to  be  printed  in  plain,  uncondensed  Gothic  letters,  not 
less  than  one  inch  long,  and  to  contain  no  other  words 
thereon. 

746x10.  Id.  Sale  of.  It  shall  be  the  duty  of 
every  person  who  sells  oleomargarine,  butterine,  or 
any  similar  substance  from  any  dwelling,  store,  office 
or  public  market,  to  have  conspicuously  posted  thereon 
the  placard  or  sign  in  letters  not  less  than  four  inches 
in  length.  "Oleomargarine  Sold  Here,"  or  "Butterine 
Sold  Here."  Such  placard  shall  be  approved  by  the 
Dairy  and  Food  Commissioner. 

746x11.  Id.  It  shall  be  unlawful  for  any  person 
to  peddle,  sell,  solicit  orders  for  future  delivery  of,  or 
deliver  from  any  vehicle  oleomargarine,  butterine  or 
any  other  similar  substance,  without  having  on  the 
outside  of  both  sides  of  said  vehicle  the  placard  in 
uncondensed  Gothic  letters  not  less  than  three  inches 
in   length,   "Oleomargarine,"   or  "Butterine." 

746x12.  Oleomargarine,  Etc.,  in  Hotels.  It  shall 
be  unlawful  for  any  person  to  furnish  or  cause  to  be 
furnished,    in    any    hotel,    boarding    house,    restaurant, 


IS  PURE   FOOD  LAWS   OF  UTAH. 

or  at  any  lunch  counter,  oleomargarine,  butterine  or 
any  similar  substance  to  any  guest,  or  patron  of  said 
hotel,  boarding  house,  restaurant  or  lunch  counter, 
without  first  notifying  each  guest  or  patron  that  the 
substance  so  furnished  is  not  butter. 

746x13.     Use     Prohibited     in     Public     Institutions. 

No  butter  or  cheese  not  made  wholly  and  directly 
from  pure  milk,  or  cream,  salt,  and  harmless  coloring 
matter  shall  be  used  in  any  of  the  charitable  or 
penal    institutions    of   the    State. 

746x14.  Search  Warrant.  When  complaint  shall 
be  made  on  oath  to  any  magistrate  authorized  to  issue 
warrants  in  criminal  cases,  that  imitation  butter  or 
imitation  cheese,  or  any  substance  designed  or  intended 
to  be  used  as  a  substitute  for  butter  or  cheese,  is  in 
the  possession  or  under  the  control  of  any  person  or 
persons  contrary  to  the  provisions  of  the  laws  of  this 
State,  and  that  the  complainant  believes  that  it  is 
concealed  in  any  particular  warehouse,  store  or  re- 
frigerator for  mercantile  purposes,  the  magistrate,  if 
he  be  satisfied  that  there  is  cause  for  such  belief,  shall 
issue  a  warrant  for  such  property. 

746x15.  Id.  Seizure.  All  such  warrants  shall  de- 
scribe and  designate  the  place  and  property  to  be 
searched  for,  and  shall  be  directed  to  the  sheriff  of 
the  county,  or  his  deputy,  or  any  constable  of  the 
county,  commanding  such  officer  to  search  the  house, 
building,  store  or  other  place  where  imitation  butter 
or  imitation  cheese,  or  any  substance  designed  or  in- 
tended to  be  used  as  imitation  butter  or  cheese  for 
which  he  is  required  to  search,  is  believed  to  be 
concealed,  and  to  bring  such  property,  when  found, 
and  the  person  or  persons  in  whose  possession  the  same 
shall  be  found,  before  the  magistrate  who  issued  the 
warrant,  or  before  some  other  magistrate  or  court 
having  cognizance  of  the  case. 

746x16.  Confiscation.  Analysis.  When  any  offi- 
cer in  the  execution  of  a  search  warrant  under  the 
provisions  of  this  Chapter  shall  find  any  imitation 
butter  or  cheese,  or  any  substance  designed  or  in- 
tended to  be  used  as  an  imitation  of  butter  or  cheese, 
and  for  which  a  search  is  allowed  by  this  chapter, 
all  the  property  so  seized  shall  be  safely  kept  by  the 
direction   of   the   court   or   magistrate   so   long   as   shall 


PURE   FOOD  LAWS   OF  UTAH.  19 

be  necessary  for  the  purpose  of  being  produced  as 
evidence  on  any  trial;  Provided,  that  it  shall  be  the 
duty  of  the  officer  who  serves  a  search  warrant  issued 
for  imitation  butter,  or  imitation  cheese,  or  any  sub- 
stance designed  or  intended  to  be  used  as  imitation 
butter  or  cheese,  and  alleged  to  be  in  his  possession, 
or  under  the  control  of  any  person  or  persons  contrary 
to  law  to  deliver  to  any  person  authorized  in  writing 
to  receive  the  same,  a  true  and  perfect  sample  of  each 
article  seized  by  virtue  of  such  warrant,  for  the  pur- 
pose of  having  the  same  analyzed,  such  analysis  to 
be  made  by  a  chemist  of  any  State  institution,  and  the 
result  of  such  analysis  or  test  shall  be  recorded  and 
preserved  as  evidence,  and  the  expense  of  such  analysis 
or  test,  not  exceeding  twenty  dollars  in  any  one  case, 
may  be  included  in  the  cost  of  such  prosecution.  If 
any  sample  be  found  to  be  imitation  butter  or  imita- 
tion cheese,  or  substance  designed  or  intended  to  be 
used  as  an  imitation  of  butter  or  cheese,  and  that. the 
same,  at  the  time  of  such  seizure,  was  in  the  possession 
or  under  the  control  of  any  person  or  persons  contrary 
to  any  of  the  provisions  or  requirements  of  this  chap- 
ter, then  and  in  such  case  the  property  so  seized  shall 
be  confiscated  under  the  direction  of  the  court  or 
magistrate;  otherwise  the  said  property  shall  be  forth- 
with returned  to  the  person  or  persons  from  whom  it 
was  taken ;  and  no  cost  or  expense  shall  be  charged 
to  such  person  or  persons. 

746x17.  Vinegar.  All  packages  containing  vinegar 
must  be  branded  with  the  name  and  address  of  the 
manufacturer.  All  vinegars  must  contain  not  less 
than  four  per  cent  by  weight  of  absolute  acetic  acid 
and  must  not  contain  any  preparation  of  lead,  copper, 
sulphuric  acid,  or  any  other  mineral  acids,  vinegar 
eels  or  ingredients  injurious  to  health.  All  vinegars 
made  by  fermentation  and  oxidation  must  be  branded 
"Fermented  Vinegar,"  with  the  name  of  the  fruit  or 
substance  from  which  the  same  is  made ;  must  be  free 
from  foreign  substance,  and  must  contain  not  less 
than  one  and  three-fourths  per  cent  by  weight,  of 
solids  contained  in  the  fruit  or  grain  from  which  said 
vinegar  is  fermented,  and  not  less  than  two  and  a 
half  tenths  of  one  per  cent  ash  or  mineral  matter, 
the  same  being  the  product  of  the  material  from  which 
said     vinegar    is     manufactured.       All     vinegars     made 


20  PURE   FOOD  LAWS   OF  UTAH. 

wholly  or  in  part  from  distilled  liquor  must  be  branded 
"Distilled  Vinegar,"  and  must  be  free  from  harmful 
artificial  coloring  matter.  Only  vinegar  made  from 
pure  apple  juice,  free  from  foreign  substances,  drugs, 
or  acids,  and  containing  not  less  than  one  and  three- 
fourths  per  cent,  by  weight,  of  cider  vinegar  solids, 
can  be  sold  as  apple,  orchard,  or  cider  vinegar.  Malt 
vinegar  must  be  made  from  malt,  by  fermentation  and 
oxidation,  without  distillation,  and  contain,  by  weight, 
four  per  cent  absolute  acetic  acid,  and  yield  upon 
evaporation,  at  least  two  per  cent  of  malt  solids. 

746x18.  No  person  or  persons,  known  as  retailers, 
who  sell  vinegar  by  the  gallon,  shall  reduce  by  water 
or  other  mixtures,  the  strength  of  vinegar,  purchased 
and  sold  by  them,  unless  he  shall  mark  in  plain  figures 
on  said  package  or  barrel  the  strength  of  the  vinegar 
still   contained  in  the  package. 

746x19.  Unsanitary  Condition  in  Restaurants,  Ho- 
tels, Etc.  Whenever  it  is  determined  by  the  Dairy 
and  Food  Commissioner,  his  deputy  or  inspectors,  that 
filthy  or  unsanitary  conditions  exist  or  are  permitted 
to  exist  in  the  operation  of  any  restaurant,  hotel, 
bakery,  confectionery,  or  ice  cream  plant,  or  any  place 
where  any  food  or  drink  products  are  manufactured, 
stored,  deposited,  sold  or  offered  for  sale,  for  any  pur- 
pose whatever,  the  proprietor  or  proprietors,  owner 
or  owners,  of  such  restaurant,  hotel,  bakery,  confec- 
tionery or  ice  cream  plant,  or  any  person  or  persons 
owning  or  operating  any  plant  where  food  or  drink 
products  are  manufactured,  stored,  deposited  or  offered 
for  sale,  shall  be  first  notified  and  warned  by  the 
commissioner,  his  deputy  or  inspectors  to  place  such 
restaurant,  hotel,  bakery,  confectionery  or  ice  cream 
plant,  or  any  other  place  where  food  or  drink  products 
are  manufactured,  stored,  deposited,  sold  or  offered 
for  sale  in  a  sanitary  condition,  within  a  reasonable 
length  of  time ;  and  any  person  or  persons  owning 
or  operating  any  such  restaurant,  hotel,  bakery,  con- 
fectionery or  ice  cream  plant,  or  any  place  where  any 
food  or  drink  products  are  manufactured,  stored,  de- 
posited, sold  or  offered  for  sale,  failing  to  obey  such 
notice  and  warning,  shall  be  guilty  of  a  misdemeanor. 
It  shall  be  unlawful  for  any  person  affected  with 
tuberculosis,   syphilis,   or  any  communicable  disease  to 


PURE   FOOD   LAWS   OF  UTAH.  21 

be  employed  in  any  bakery,  hotel  or  restaurant  as  cook 
or  waiter,  or  in  any  other  capacity  which  requires  the 
handling  of  food. 

746x20.  Duty  of  County  Attorney.  It  shall  be  the 
duty  of  the  county  attorney  in  any  county  of  the 
State,  when  called  upon  by  the  Commissioner,  to  render 
any  legal  assistance  in  his  power  to  execute  the  laws, 
and  to  prosecute  cases  arising  under  the  provisions 
of  this  chapter;  and  all  fines  and  assessments  collected 
in  any  prosecution  begun  or  caused  to  be  begun  by 
said  Commissioner  shall  be  paid  into  the  State  Treasury. 

746x21.  Report.  Said  Commissioner  shall  make 
a  biennial  report  to  the  Governor,  which  shall  contain 
an  itemized  account  of  all  expenses  incurred  and  fines 
collected,  with  such  statistics  and  other  information 
as  he  may  regard  of  value. 

746x22.  Defacing  Marks  or  Labels.  Whoever  shall 
deface,  change,  erase  or  remove  any  mark,  label  or 
brand  provided  for  by  this  chapter,  with  intent  to 
mislead,  deceive  or  to  violate  any  of  the  provisions 
of  this  chapter  shall  be  held  liable  to  the  penalties  of 
this   chapter. 

746x23.  Penalty  for  Violation  of  Provisions  of 
This  Chapter.  Any  person  who  shall  violate  any  pro- 
vision of  this  chapter,  or  who  shall  misbrand  any 
package  containing  any  article  of  food  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  fifty  nor 
more  than  two  hundred  dollars.  And  any  article  of 
food  found  in  his  possession,  in  violation  of  any  pro- 
vision of  this  chapter,  shall  be  subject  to  confiscation 
and  spoliation. 

746x24.  Not  Liable  to  Prosecution,  When.  No 
dealer  of  food  or  drink  products  shall  be  held  liable 
to  prosecution  if  he  can  establish  that  the  goods  were 
sold  under  a  guaranty  by  a  wholesaler,  manufacturer, 
jobber,  dealer,  or  other  party  residing  in  the  United 
States  from  whom  purchased.' 

746x25.  Tainted,  Decayed  or  Spoiled  food.  It 
shall  be  unlawful  for  any  person  to  sell,  or  offer  for 
sale,  or  have  in  his  possession  with  intent  to  sell,  any 
article  of  food  that  has  become  tainted,  decayed,  spoiled, 
or  is  otherwise  unwholesome  or  unfit  to  be  eaten  or 
drunk. 

..Approved   this   25th   day   of   March,    1907. 


22  PURE   FOOD   LAWS  OF  UTAH. 


CHAPTER  2. 


REGULATING  THE  MANUFACTURE,  QUALITY 
AND  SALE  OF  BUTTER. 

746x26.  Each  Package  or  Wrapper  to  be  Stamped. 
On  each  package  of  butter  manufactured  and  offered 
or  exposed  for  sale  in  the  State  of  Utah,  there  shall 
be  stamped  upon  the  wrapper  or  package  the  name 
of  the  maker  thereof,  with  address  of  same  and  the 
actual  number  of  ounces  contained  in  said  wrapper 
or  package  at  the  time  of  its  manufacture. 

746x27.  Penalty  for  Violation.  Any  person,  firm 
or  corporation  who  offers  to  sell,  or  furnish,  or  deliver 
for  sale,  any  butter  unless  marked  as  specified  in  sec- 
tion 746x26,  shall  be  deemed  guilty  of  a  misdemeanor. 

Approved  this  15th  day  of  March,  1907. 


CHAPTER  3. 
RENOVATED  BUTTER. 

An  Act  to  prevent  deception  in  the  sale  of  reno- 
vated butter,  and  to  license  manufacturers  and  dealers 
in  the  same,  and  prescribing  a  penalty  for  the  violation 
thereof. 

746x28.  Renovated  Butter  to  be  Branded.  License 
for  Sale  of.  No  person  or  persons,  firms  or  corpora- 
tions, by  themselves  or  their  agents  or  employes,  shall 
sell,  offer  for  sale  or  expose  for  sale  or  have  in  his 
or  their  possession  for  sale  any  renovated  butter,  un- 
less the  same  shall  have  printed  upon  each  and  every 
package,  roll,  print,  square  or  any  container  of  such 
renovated  butter  the  words,  "Renovated  Butter"  in 
letters  not  less  than  one-half  inch  in  height,  or  who 
shall  not  have  secured  from  the  State  Dairy  and  Food 
Commissioner,  now  existing  under  the  laws  of  this 
State,  a  license  as  provided  hereinafter. 

726x29.  Renovated  Butter  Defined.  The  term 
"renovated  butter,"  as  used  in  this  chapter,  is  hereby 
defined  to  mean  and  include  butter  that  has  been  re- 
duced to  a  liquid  state,  by  melting,  and  drawing  off 
such  liquid  or  butter  oil  and  churning  or  otherwise 
manipulating  it  in  connection  with  milk  or  any  product 
thereof. 

746x30.  License.  Term.  Amount  of.  Any  person 
or   persons,   firms   or   corporations,    desiring  to    manu- 


PURE   FOOD   LAWS   OF  UTAH.  23 

facture  or  deal  in  renovated  butter  shall  make  applica- 
tion to  the  State  Dairy  and  Food  Commissioner  for 
a  license,  and  upon  payment  of  license  fee  of  the  amount 
mentioned  herein,  to  the  State  Dairy  and  Food  Com- 
missioner, said  State  Dairy  and  Food  Commissioner 
shall  issue  to  the  applicant  a  license.  All  such  licensee 
shall  expire  December  31st  of  each  year  and  may  be 
issued  in  periods  of  one  year  or  six  months,  upon 
payment  of  a  proportionate  part  of  the  license  fee. 
Manufacturers  of  renovated  butter  within  this  State 
shall  pay  an  annual  license  fee  of  one  thousand  dollars ; 
wholesale  dealers  shall  pay  an  annual  license  fee  of 
four  hundred  dollars ;  retail  dealers  in  such  renovated 
butter  shall  pay  an  annual  license  fee  of  fifty  dollars; 
hotels,  restaurants,  boarding  houses  and  all  other  places 
where  .meals  are  served  and  payment  is  received  there- 
for, either  immediately  or  by  the  day,  week  or  month, 
where  such  renovated  butter  is  used  shall  pay  an  annual 
license  fee  of  twenty-five  dollars.  The  term  wholesale 
dealers,  as  used  herein,  includes  all  persons,  firms  or 
corporations,  who  shall  sell  renovated  butter  in  quanti- 
ties of  ten  pounds  or  more.  The  term  retailers  includes 
all  persons  who  sell  in  quantities  of  less  than  ten 
pounds.  All  licenses  while  in  force  shall  be  conspicu- 
ously displayed  in  the  place  of  business  of  the  party 
or  parties  to  whom  they  have  been  issued.  The  State 
Dairy  and  Food  Commissioner  shall  require  all  persons 
holding  manufacturers'  or  wholesale  licenses,  as  pro- 
vided in  this  chapter,  to  keep  a  record  in  a  form  separ- 
ate from  all  other  business,  in  which  every  sale  of 
renovated  butter  shall  be  recorded,  giving  the  quantity 
sold,  the  name  and  location  of  the  buyer  and  the  place 
to  which  it  was  shipped.  Such  record  shall  be  access- 
ible at  all  times  to  duly  authorized  representatives  of 
the  State  Dairy  and  Food  Commissioner. 

746x31.  License  to  be  Paid  Into  State  Treasury. 
All  license  fees  paid  to  the  State  Dairy  and  Food 
Commissioner  under  this  chapter  shall  be  paid  by  said 
Dairy  and  Food  Commissioner  into  the  State  treasury. 

746x32.  Penalty.  Whoever  shall  violate  any  of 
the  provisions  or  sections  of  this  chapter  shall  be  guilty 
of  a  misdemeanor,  and  shall  upon  conviction  thereof 
be  punished  for  the  first  offense  by  a  fine  of  not  less 
than  twenty-five  dollars  nor  more  than  one  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  for  not 


24  PURE   FOOD   LAWS   OF  UTAH. 

less  than  ten  days  and  not  exceeding  thirty  days;  and 
for  each  subsequent  offense  a  fine  of  not  less  than 
fifty  dollars,  nor  more  than  two  hundred  dollars, 
or  by  imprisonment  in  the  county  jail  for  not  less  than 
twenty  days  nor  more  than  one  hundred  days,  or  both 
such  fine  and  imprisonment,  at  the  discretion  of  the 
court. 

746x33.  County  Attorney  Must  Prosecute.  Fines, 
Where  Paid.  It  shall  be  the  duty  of  the  county  at- 
torney of  each  and  every  county  in  the  State,  upon 
application,  to  attend  to  the  prosecution  in  the  name 
of  the  State  of  any  action  brought  for  the  violation 
of  any  of  the  provisions  of  this  chapter  within  his 
district.  All  of  the  fines  imposed  for  the  violation 
of  any  of  the  provisions  of  this  chapter  shall  be  paid 
to  the  county  in  which  the  fine  is  imposed. 

Approved  this  9th  day  of  March,  1905. 


CHAPTER  4. 


INSPECTION  OF  CATTLE,  SHEEP,  SWINE 
AND  GOATS. 

An  Act  empowering  the  State  Dairy  and  Food  Com- 
missioner to  inspect  Cattle,  Sheep,  Swine  and  Goats 
before  slaughtered,  and  the  carcasses  of  such  ani- 
mals before  being  prepared  for  human  food,  and 
providing  a  penalty  for  the  violation  of  any  of 
the   provisions  of  this  Act. 

It  is  enacted  by  the  Legislature  of  the  State  of 
Utah: 

746x34.  Inspection  by  Dairy  and  Food  Commis- 
sioner. Meat  to  be  Tagged.  Unwholesome  Meat  to  be 
Destroyed.  The  State  Dairy  and  Food  Commissioner 
is  hereby  empowered  to  examine  and  inspect  all  cattle, 
sheep,  swine  and  goats  before  they  enter  into  any 
slaughtering,  packing,  meat  canning,  rendering  or  sim- 
ilar establishment  in  which  they  are  to  be  slaughtered, 
and  the  meat  and  meat  food  products  thereof  are  to  be 
used  or  sold  for  human  food;  and  all  cattle,  sheep, 
swine  and  goats  found  on  such  inspection  to  show 
symptoms  of  disease  shall  be  set  apart  and  slaughtered 
separately  from  all  other  cattle,  sheep,  swine  or  goats, 
and  when  so  slaughtered,  the  carcass  of  said  cattle, 
sheep,    swine    or    goats    shall    be    subject    to    a    careful 


PURE   FOOD   LAWS   OF  UTAH.  25 

examination  and  inspection.  The  Dairy  and  Food 
Commissioner  may  also  make  a  post  mortem  examina- 
tion and  inspection  of  the  carcasses  and  parts  thereof 
of  all  cattle,  sheep,  swine  and  goats  to  be  prepared 
for  human  food  at  any  slaughtering,  meat  canning, 
salting,  packing,  rendering  or  similar  establishment 
in  this  State,  and  the  carcasses  and  parts  thereof  of 
all  such  animals  found  to  be  sound,  healthful,  whole- 
some and  fit  for  human  food,  shall  be  marked,  stamped, 
tagged  or  labeled  as  "Inspected  and  Passed;"  and  said 
inspectors  shall  mark,  stamp,  tag,  or  label  as  "Inspected 
and  Condemned"  all  carcasses  and  parts  thereof  of 
animals  found  to  be  unsound,  unhealthful,  unwholesome 
or  otherwise  unfit  for  human  food,  and  all  carcasses 
and  parts  thereof  thus  inspected  and  condemned  shall 
be  destroyed  for  food  purposes  by  the  said  establish- 
ment in  the  presence  of  the  Dairy  and  Food  Commis- 
sioner or  his  deputy. 

746x35.  Sanitary  Conditions,  Rules  and  Regula- 
tions. Penalty.  All  slaughtering  and  packing  houses 
shall  be  maintained  and  conducted  under  sanitary  con- 
ditions, and  the  State  Dairy  and  Food  Commissioner 
is  hereby  authorized  and  empowered  to  make  rules 
and  regulations  to  carry  out  the  provisions  of  this 
chapter,  and  any  person,  firm  or  corporation  violating 
any  of  such  rules  shall  be  declared  guilty  of  a  misde- 
meanor. 

746x36.  Dairy  and  Food  Commissioner  May  Co- 
operate with  National  Inspectors.  In  establishments 
where  animals  are  slaughtered  for  human  food  partly 
for  consumption  within  the  State  and  partly  for  inter- 
state commerce,  the  Dairy  and  Food  Commissioner 
may  co-operate  with  the  inspectors  appointed  by  the 
National  Government,  and  all  inspections  made  by 
such  inspectors  under  the  provisions  of  such  co-opera- 
tion shall  be  deemed  a  compliance  with  the  provisions 
of  this  chapter. 

746x37.  Provisions  of  This  Chapter  Not  Applic- 
able, When.  The  provisions  of  this  chapter  shall  not 
apply  to  any  animals  or'  the  carcasses  or  parts  thereof, 
that  are  inspected  and  stamped  by  inspectors  of  the 
National  Government. 

746x38.  Id.  The  provisions  of  this  chapter  re- 
quiring   the    inspection    of    animals    to    be    slaughtered 


26  PURE   FOOD   LAWS  OF  UTAH. 

shall  not  apply  to  animals  slaughtered  by  any  farmer 
for  domestic  use. 

746x39.  Id.  Any  person  who  shall  sell  or  offer 
for  sale,  the  carcasses  or  parts  thereof  of  any  animals 
enumerated  in  this  chapter,  which  have  been  examined 
and  condemned,  shall  be  guilty  of  a  misdemeanor. 

Approved  this  25th  day  of  March,   1907. 


CHAPTER  69. 
An  Act  providing  for  the  sanitary  inspection  of  dairies 
and  creameries,  also  providing  for  canning  factories 
to  wash  vegetables  and  fruits,  regulating  the  sale 
of  soda  fountain  syrups  and  flavorings,  and  coloring 
matter  in  food  products;  the  sanitary  operation  of 
slaughter  houses;  providing  for  the  proper  use 
of  milk  cans,  and  the  standard  measure  for  Bab- 
cock  milk  and  cream  tests  and  correct  readings,  and 
providing  a  penalty  for  the  violation  of  the  pro- 
visions  hereof. 

Be  It  Enacted  by  the  Legislature  of  the  State  of  Utah: 
Section  1.  It  shall  be  the  duty  of  the  State  Dairy 
and  Food  Commissioner  or  his  deputies,  to  visit  as 
frequently  as  they  deem  necessary,  all  creameries, 
cheese  factories,  condensed  milk  factories,  dairies  where 
milk  and  cream  are  bottled  or  prepared  for  sale,  and 
farm  dairies  in  the  State  of  Utah,  and  inspect  and  score 
the  same  according  to  the  score  cards  authorized  by 
the  Bureau  of  Animal  Industry  of  the  United  States  De- 
partment of  Agriculture.  A  copy  of  the  score  cards 
shall  be  left  with  the  owner  and  such  information  given 
as  will  assist  the  producer  to  improve  the  sanitary  con- 
ditions or  remedy  such  defects  as  the  score  card  in- 
dicates. A  copy  of  the  score  card  shall  be  kept  on 
file  in   the   Commissioner's   office. 

All  creameries,  cheese  factories,  condensed  milk 
factories  and  dairies  where  milk  and  cream  are  bottled 
or  prepared  for  sale,  and  farm  dairies  falling  below  fifty 
(50)  points  in  the  rating  as  indicated  by  the  score  card, 
are  hereby  declared  to  be  in  an  unsanitary  condition, 
and  the  State  Dairy  and  Food  Commissioner  shall 
immediately  proceed  against  them  according  to  law. 

Sec.  2.  No  person,  firm  or  corporation  shall  bottle 
or  can  fruits  or  vegetables  or  their  products  and  offer 


PURE   FOOD  LAWS   OF  UTAH.  27 

them  for  sale  unless  said  fruits  and  vegetables  have 
been  previously  washed  in  clean  water  continuously 
changed,  preparatory  to  the   canning  or  bottling. 

Sec.  3.  Soda  fountain  syrups  flavored  with  imi- 
tation flavoring  extracts  must,  be  plainly  and  correctly 
labeled.  If  the  containers  of  such  syrups  are  not 
displayed  to  the  customer  so  that  the  label  is  readily 
seen,  conspicuous  signs  must  be  attached  to  the  fountain 
where  they  can  be  readily  seen  by  the  customer.  Said 
signs  must  be  printed  with  letters  not  less  than  one- 
half  inch  deep  and  read  as  follows:  "Some  of  the 
products  served  at  this  fountain  are  artificially  flavored 
and  colored  and  contain  a  trace  of  Benzoate  of  Soda." 

Sec.  4.  The  use  of  any  dye,  harmless  or  otherwise* 
to  color  or  stain  the  food  in  a  manner  whereby  damage 
or  inferiority  is  concealed  is  specifically  prohibited. 
The  use  in  Food  for  any  purpose  of  any  mineral  dye 
or  any  coal  tar  dye,  except  those  coal  tar  dyes  here- 
inafter listed,  shall  be  grounds  for  prosecution.  The 
coal  tar  dyes  hereinafter  named,  made  specifically  for 
use  in  foods,  and  which  bear  a  guaranty  from  the 
manufacturer  that  they  are  free  from  subsidiary  pro- 
ducts and  represent  the  actual  substance  the  name  of 
which  they  bear,  may  be  used  in  foods.  In  every 
case  a  certificate  that  the  dye  in  question  has  been 
tested  by  competent  experts  and  found  to  be  free 
from  harmful  constituents  must  be  filed  with  the  State 
Dairy  and  Food  Commissioner  and  approved  by  him. 

The  following  coal  tar  dyes  which  may  be  used 
in  this  manner  are  given  numbers,  the  numbers  pre- 
ceding the  names  referring  to  the  number  of  the  dye 
in  question  as  listed  in  A.  G.  Green's  edition  of  the 
Schultz-Julius  Systematic  Survey  of  the  Organic  Color- 
ing Matters,  published  in  1904. 

The  list  is  as  follows: 

RED  SHADES.  ORANGE    SHADE. 

107  Amaranth.  85  Orange   1. 


56  Ponceau  3  R. 
517  Erythrosin. 


GREEN    SHADE. 
435  Light     Green     S.     F. 


YELLOW  SHADE. 

4  Napthol   Yellow  S.  BLUE  SHADE 


Yellowish. 

LUE  SHA 
693  Indisfo   disulfo    acid. 


28  PURE  FOOD  LAWS  OF  UTAH. 

Each  of  these  colors  shall  be  free  from  any 
coloring  matter  other  than  the  one  specified  and  shall 
not  contain  any  contamination  due  to  imperfect  or 
incomplete   manufacture. 

Sec.  5.  1.  All  slaughtering,  packing,  meat  canning, 
salting,  rendering,  or  similar  establishments,  shall  be 
maintained  and  conducted  under  sanitary  conditions 
and  shall  be  inspected  under  the  following  regula- 
tions by  the  State  Dairy  and  Food  Commissioner  or 
his   deputies. 

All  ceilings,  walls,  pillars  and  the  interior  of 
each  establishment,  including  partitions,  shall  be  kept 
in  a  sanitary  condition,  and  shall  be  whitewashed 
or  painted  once   a  year  or  oftener   if  required. 

When  floors,  or  other  parts  of  the  building,  or 
tables,  or  other  parts  of  the  equipment  are  so  old  or  in 
such  poor  condition  that  they  cannot  be  readily  made 
sanitary,  they  shall  be  removed  and  replaced  by 
suitable   materials. 

All  establishments  in  which  animals  are  slaugh- 
tered or  meats  and  meat  food  products  are  prepared, 
cured,  packed,  stored  or  handled,  shall  be  properly 
screened  against  flies  and  other  vermin.  Walks,  plat- 
forms or  approaches  leading  into  establishments  shall 
be  kept  clean  to  prevent  dirt  being  tracked  into  the 
same. 

2.  All  tracks,  trays  and  other  receptacles ;  all 
chutes,  platforms,  racks,  tables  and  other  appliances, 
and  all  knives,  saws,  cleavers  and  other  tools,  and  all 
utensils,  machinery  and  vehicles  used  in  moving,  hand- 
ling, cutting,  chopping,  mixing,  canning  or  other 
processes   shall   be  thoroughly  cleaned   before   using. 

3:  The  aprons,  smocks  or  other  outer  clothing  worn 
by  employes  who  handle  meat  or  meat  food  products 
shall  be  of  a  material  that  is  readily  cleansed  and  made 
sanitary,  and  only  clean  garments  shall  be  worn.  Per- 
sons who  handle  meat  or  meat  food  products  shall  be 
required  to  keep  their  hands  clean,  and  they  shall  be 
required  also  to  pay  particular  attention  to  the  cleanli- 
ness  of  their  boots   or   shoes. 

4.  Persons  affected  with  tuberculosis  or  any  other 
communicable  disease  shall  not  be  employed  in  any 
of  the  departments  of  establishments  where  carcasses 
are  dressed,  meat  handled,  or  meat  products  are  pre- 
pared.    Any  employe   of  such   establishment   who   may 


PUEE  FOOD  LAWS   OP  UTAH.  29 

be  suspected  of  being  so  affected  shall  be  reported  by 
the  inspector  in  charge  to  the  manager  of  the  establish- 
ment, and  to  the  State  Dairy  and  Food  Commissioner, 
who  in  turn  shall  report  such  case  to  the  Secretary  of 
the  State  Board  of  Health. 

5.  Hogs  must  be  kept  at  least  one  hundred  feet 
from  slaughtering  houses  and  fed  in  clean  troughs  and 
pens. 

The  offal  of  all  slaughtered  healthy  animals,  ex- 
cept hogs,  may  be  fed  to  hogs,  provided  that  at  least 
one-half  of  their  daily  rations  consist  of  grain  or 
vegetable  matter. 

The  offal  of  all  hogs  must  be  buried,  burned  or 
tanked. 

The  offal  of  animals  that  is  not  fed  to  hogs  must 
be  burned,  buried  or  tanked. 

6.  All  yards,  fences,  pens,  chutes,  alleys  and  other 
places,  belonging  to  the  premises  of  such  establish- 
ments, whether  they  are  used  or  not,  shall  be  main- 
tained in  a  sanitary  condition,  and  no  nuisance  shall 
be  allowed  in  the  establishment  or  on  its  premises. 

7.  The  room  or  compartment  in  which  meat  or 
meat  food  products  are  prepared,  cured,  stored,  packed 
or  otherwise  handled,  shall  be  free  from  odors  from 
toilet  rooms,  catch  basins,  casing  departments,  tank 
rooms,  hide  cellars,  or  other  similar  places,  shall  be 
kept  free  from  flies  and  other  vermin  by  screening 
or  other  methods.  All  rooms  or  compartments  shall 
be  provided  with  cuspidors  of  such  shape  as  not  readily 
to  be  upset,  and  of  such  material  and  construction  as 
to  be  readily  disinfected ;  and  employes  who  expector- 
ate shall  be  required  to  use  them. 

8.  Due  care  must  be  taken  to  prevent  meat  and 
meat  food  products  from  falling  on  the  floor;  and  in 
the  event  of  their  having  so  fallen,  they  must  be  con- 
demned or  the  soiled  portions  removed  and  condemned. 
When  meat  or  meat  products  are  being  emptied  into 
tanks,  some  device,  such  as  a  metal  funnel  must  be 
used. 

9.  Only  good,  clean  and  wholesome  water  and  ice 
shall  be  used  in  the  preparation  of  carcasses,  parts, 
meat  or  meat  food  products.  Whenever  there  is  any 
doubt  regarding  the  sanitary  condition  of  the  water 
supply,  notice  shall  be  sent  immediately  to  the  State 
Dairv   and   Food   Commissioner. 


30  PURE   FOOD   LAWS   OF  UTAH. 

10.  Wagons  or  cars  in  which  meat  or  meat  pro- 
ducts are  transported  shall  be  kept  in  a  clean  and 
sanitary  condition.  All  wholesalers  and  retailers  con- 
veying meat  to  the  markets  are  required  to  furnish 
ample  and  complete  protection  against  contamination 
by  flies,  requiring  covered  and  screened  conveyances 
for  this  purpose. 

Sec.  6.  In  the  use  of  the  Babcock  test,  the  standard 
milk  measures  or  pipettes  shall  have  a  capacity  of 
17.6  cubic  centimeters,  and  the  standard  test  tubes  or 
bottles  for  milk  shall  have  a  capacity  of  2  cubic  centi- 
meters for  each  10  per  cent  marked  on  the  necks  there- 
of; cream  shall  be  tested  by  weight,  and  the  standard 
unit  for  testing  shall  be  18  grams,  and  it  is  hereby 
made  a  misdemeanor  to  use  any  other  standards  of 
milk  or  cream  measure  where  milk  or  cream  is  pur- 
chased by  or  furnished  to  creameries  or  cheese  fac- 
tories and  where  the  value  of  said  milk  or  cream  is 
determined  by  the  per  cent  of  butter  fat  contained  in 
the  same  or  wherever  the  value  of  milk  or  cream  is 
determined  by  the  per  cent  of  butter  fat  contained  in 
the  same  by  the  Babcock  test.   . 

In  sampling  cream  or  milk  from  which  composite 
tests  are  to  be  made  to  determine  the  per  cent  of  butter 
fat  contained  therein,  no  such  sample  or  sampling  shall 
be  lawful  unless  a  sample  be  taken  from  each  weigh- 
ing and  the  quantity  thus  used  shall  be  proportioned  to 
the  total  weight  of  the  cream   or  milk   tested. 

Every  person,  corporation  or  company  operating 
a  creamery  when  using  the  Babcock  test  as  a  stand- 
ard to  determine  the  value  of  any  milk  or  cream  re- 
ceived or  brought  by  such  person,  corporation  or 
company  to  be  manufactured  into  butter,  shall,  when 
paying  for  such  milk  or  cream,  include  in  every  state- 
ment or  check  issued  to  any  patron  in  payment  thereof, 
a  statement  of  the  number  of  pounds  of  butter  fat, 
for  which  payment  is  made. 

Any  manufacturer,  merchant,  dealer  or  agent  in 
this  State  who  shall  offer  for  sale  or  sell  a  milk  pipette 
or  measure,  test  tube  or  bottle  which  is  not  correctly 
marked  or  graduated  as  herein  provided,  shall  be  guilty 
of  a  misdemeanor. 

It  shall  be  unlawful  for  the  owner,  manager,  agent 
or  any  employe  of  a  cheese  factory,  creamery,  or  con- 


PURE   FOOD  LAWS   OF  UTAH.  31 

densed  milk  factory  to  falsely  manipulate  or  under-read 
or  over-read  the  Babcock  test,  or  any  other  contrivance 
used  for  determining  the  quality  or  value  of  milk  or 
cream,  or  to  make  any  false  determination  by.  said 
Babcock  test  or  otherwise. 

Sec.  7.  Whoever  shall  violate  any  of  the  pro- 
visions of  this  Act,  shall  be  guilty  of  a  misdemeanor, 
and  shall,  upon  conviction  thereof,  be  punished  by 
a  fine  of  not  less  than  twenty-five  dollars  nor  more 
than  two  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  for  not  less  than  ten  days  nor  more  than 
thirty  days;  or  by  both  such  fine  and  imprisonment, 
at  the  discretion  of  the  court. 

Approved  March  18th,  1911. 

CHAPTER  30. 

An  Act  providing  for  the  marking,  stamping  and 
branding  of  cans,  bottles,  casks,  kegs,  barrels,  or 
other  receptacles  used  in  the  handling  and  trans- 
portation of  dairy  products,  ice  cream,  milk,  cream 
or  soda  water,  and  the  selection  and  adoption  of 
such  mark  or  brand;  prohibiting  any  person,  com- 
pany or  corporation  from  adopting  or  using  any 
brand  or  mark  which  has  been  selected,  designated 
or  appropriated;  making  it  unlawful  for  any  per- 
son other  than  the  rightful  owner  to  use  any  can, 
bottle,  cask,  keg,  barrel  or  other  receptacle  marked 
or  branded  as  herein  provided,  or  to  deface  or 
remove  any  such  brand,  mark  or  stamp;  providing 
penalties  for  the  violation  of  this  act,  and  requir- 
ing its  enforcement  by  the  Dairy  and  Food  Com- 
missioner. 

Be  It  Enacted  by  the  Legislature  of  the  State  of  Utah: 

Section  1.  That  all  persons,  companies  and  cor- 
porations engaged  in  the  transportation  or  manufacture 
of  any  dairy  product,  ice  cream  or  soda  water  or  in  bot- 
tling milk,  cream  or  soda  water  for  sale  and  use,  may 
adopt  a  mark  or  marks  of  ownership  to  be  stamped 
or  marked  on  any  can,  bottle,  cask,  keg,  barrel  or  other 
receptacle  used  in  the  handling  and  transportation 
of  any  of  said  products,  and  may  file  in  the  office  of 
the    Secretary   of    State   a   description   of   the    name    or 


•62  PURE   FOOD  LAWS  OF  UTAH. 

marks  so  used  by  them  or  either  of  them,  and  the  use 
to  be  made  of  any  such  can,  bottle,  cask,  keg,  barrel 
or  other  receptacle,  and  cause  the  same  to  be  published 
for  two  successive  weeks  in  a  weekly  newspaper  pub- 
lished and  in  general  circulation  in  the  State  of  Utah, 
and  pay  to  the  Secretary  of  State  a  fee  of  $2.00  for  fil- 
ing the  same. 

Sec.  2.  The  brand  or  mark  so  selected  and  adopted 
as  herein  provided  may  consist  of  a  name,  design,  mark 
or  marks,  or  some  particular  color  of  paint  or  enamel 
used  upon  the  can,  bottle,  cask,  keg,  barrel  or  other 
receptacle,   or  any  part  thereof. 

Sec.  3.  It  shall  be  unlawful  for  any  person,  com- 
pany or  corporation  to  adopt  or  use  any  brand  or  mark 
which  has  already  been  designated,  appropriated  or 
obtained  under  the  provisions  of  this  Act. 

Sec.  4.  It  shall  be  unlawful  for  any  person  other 
than  the  rightful  owner  thereof  to  use  any  can,  bottle, 
cask,  keg,  barrel  or  other  receptacle  marked  or  branded 
as  herein  provided,  for  any  other  purpose,  or  for  the 
transportation  or  handling  of  any  other  article  or 
product  than  designated  or  provided  for  by  such  brand- 
ing. 

Sec.  5.  It  shall  be  unlawful  for  any  person  other 
than  the  rightful  owner  thereof  to  deface  or  remove  any 
such  brand,  mark  or  stamp  put  upon  any  such  can, 
bottle,  cask,  keg,  barrel,  or  other  receptacle  as  herein 
provided. 

Sec.  6.  For  the  purpose  of  preventing  the  use  of 
said  cans,  bottles,  casks,  kegs,  barrels,  or  other  re- 
ceptacles for  any  purpose  other  than  that  herein  pro- 
vided, and  to  insure  the  wholesomeness  and  high  quality 
of  said  products  and  the  sanitary  condition  of  the  re- 
ceptacles in  which  the  same  are  transported,  it  shall 
be  the  duty  of  the  "Dairy  and  Food  Commissioner" 
to    enforce    the   provisions    of    this   Act. 

Sec.  7.  Whoever  shall  violate  any  of  the  provisions 
or  sections  of  this  Chapter  shall  be  guilty  of  a  misde- 
meanor, and  shall,  upon  conviction  thereof,  be  punished 
by  a  fine  of  not  more  than  $100.00,  or  by  imprisonment 
in  the  county  jail,  not  exceeding  30  days,  or  by  both 
such  fine  and  imprisonment,  at  the  discretion  of  the 
court. 

Approved  March  9,  1911. 


Ju 


#w 


